Publication Date:08/03/2010
When you are acquiring housing (or other) land from a local authority it is not uncommon to find that the land you are buying is subject to rights in favour of third parties, such as rights of way, rights to use service media and shared amenity areas. In particular, the land may be subject to a range of rights in favour people who bought their homes under the Right to Buy (“RTB”).
Publication Date:01/03/2010
The Landlord and Tenant Act 1985 (as amended) imposes stringent procedural requirements on landlords who wish to carry out repairs to residential premises and recover the costs from the tenants. The Leasehold Valuation Tribunal (“LVT”) has power to dispense with those requirements if it is reasonable to do so.
Publication Date:01/03/2010
Are you geared up for dealing with the Carbon Reduction Commitment – Energy Efficiency Scheme which comes into force on 1 April this year? The Scheme is not 'just another' national carbon reduction initiative. It is an energy efficiency tax scheme with real teeth that can have a serious impact on an organisation's bottom line. The government has just released the final Order and User Guide.
Publication Date:01/03/2010
The recent case of Bello v Idealview Ltd is a timely reminder that a landlord can usually trigger a rent review even after a substantial delay.
Publication Date:01/03/2010
The facts in the recent case of Fidler v. Secretary of State for Communities & Local Government are interesting. Mr Fidler built a new house on his farm. He knew that he would not get planning permission, so he hid the works with straw bales and plastic sheeting.
Publication Date:01/03/2010
Lawyers love a paper trail. And where land is involved, this is particularly true.
Publication Date:01/03/2010
The Gambling Act 2005, which came into force on 1st September 2007, includes a number of provisions that impact directly upon the legality of promotional contests, games and draws in the UK. It does not extend to Northern Ireland, however, which can have significant consequences. Following controversy surrounding a number of “Win-a-House” promotions, the Gambling Commission has issued fresh guidance in December 2009 to give greater certainty to promoters.
Publication Date:01/03/2010
If your business is planning to change premises, you might be asked to handle the moving process. There will be a lot to do, and you should arm yourself with a good understanding of the legal side of things to help you get the best results. Finding the perfect location is just the start – but good communication with your agent and legal advisers will help things move smoothly.
Publication Date:22/02/2010
Those who are unfortunate enough to find themselves subject to either arbitration or adjudication proceedings know that it is far too easy to give the arbitrator/adjudicator jurisdiction to determine the dispute, even though he may not originally have had jurisdiction at the outset.
Publication Date:19/02/2010
In most technical or complex disputes, expert evidence is required. A party’s case is often dependent on the evidence that the expert retained by that party gives. If the expert does a sudden volte face either when meeting, as ordered by the Court, with the expert retained by the other side and agreeing a joint statement or when giving evidence, it is likely that the party that retained that expert either will lose at trial. Alternatively, they may be “forced” into a settlement on terms substantially less advantageous to those that it had been originally advised that it would obtain.